Carson, Pirie, Scott & Co. v. C. M. Henderson & Co.
Supreme Court of Kansas
Error from Atchison District Court. The facts are stated in Henderson v. Stetter, 31 Kas. 56, et seq., and in the opinion herein. Immediately after the reversal of the judgment in Henderson v. Stetter, supra, the plaintiffs in error filed in the district court a petition for a new trial upon the ground of newly-discovered evidence. Trial upon this petition August 2, 1884, when the application for a new trial was denied. This ruling Carson, Pirie, Scott & Co. and Wm.
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Error from Atchison District Court. The facts are stated in Henderson v. Stetter, 31 Kas. 56, et seq., and in the opinion herein. Immediately after the reversal of the judgment in Henderson v. Stetter, supra, the plaintiffs in error filed in the district court a petition for a new trial upon the ground of newly-discovered evidence. Trial upon this petition August 2, 1884, when the application for a new trial was denied. This ruling Carson, Pirie, Scott & Co. and Wm. Ziock & Co. bring here for review.
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
This case was before the court in 1883, upon the question of priority between attaching creditors, when it was here adjudged that the attachment liens of the present plaintiffs were subsequent to the lien of the defendants, and the judgment of the court below was reversed. (Henderson v. Stetter, 31 Kas. 56.) Following immediately upon the reversal, Carson, Pirie, Scott & Co. and "Wm. Ziock & Co. filed in the district court a petition applying for a new trial upon the ground of newly-discovered evidence, which they alleged could not, by…
2Cases cited2 opinions
- Swartzel v. RogersSupreme Court of Kansas · 1865
- C. M. Henderson & Co. v. StetterSupreme Court of Kansas · 1883
3Cited by12 opinions
- State v. OswaldSupreme Court of Kansas · 1966
- Eisminger v. BemanSupreme Court of Oklahoma · 1912
- Huster v. WynnSupreme Court of Oklahoma · 1899
- Lookabaugh v. BowmakerSupreme Court of Oklahoma · 1911
- State v. CooperSupreme Court of Kansas · 1962
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